Assigned to APPROP AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR H.B. 2323
homeowner's insurance; dogs; nondiscrimination
Purpose
Prohibits a dog's breed from being the sole factor considered or used for prescribed
purposes relating to a homeowner's or renter's insurance policy (insurance policy) and from being
considered or used for findings of fact or conclusions of law regarding whether a dog is aggressive
or vicious or created liability for a dog bite.
Background
The owner of a dog which bites a person in a public place or lawfully on a private place is
liable for damages suffered by the person bitten (A.R.S. § 11-1025). A person is lawfully in or on
private property of a dog owner if the person is an invitee, guest or when a person is performing a
duty imposed on the person by federal or state law (A.R.S. § 11-1026). Proof of provocation of
attack by a person injured by a dog is an authorized defense to an action for damages and must be
determined by whether a reasonable person would expect that the conduct or circumstances would
likely provoke a dog (A.R.S. § 11-1027).
Insurance is a contract by which a person undertakes to indemnify another or to pay a
specified amount on determinable contingencies (A.R.S. § 20-103).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits a dog's breed from being the sole factor considered or used for:
a) underwriting or actuarial processes for determining risk, liability, actual or potential losses
related to claims involving dogs under an insurance policy; and
b) questionnaires, surveys or other means of gathering information regarding ownership,
possession or the presence of a dog on the premises under an insurance policy.
2. Prohibits the breed of a dog from being considered in findings of facts or conclusions of law
entered by a court, administrative law judge, hearing officer, arbitrator or other legal
decision-maker regarding whether a dog is aggressive or vicious or has created liability for a
dog bite.
3. Defines aggressive as a dog that has bitten a person or domestic animal without provocation
or has a history of attacking persons or domestic animals without provocation. FACT SHEET – Amended
H.B. 2323
Page 2
4. Defines breed as a dog's actual, perceived breed or mixture of breeds.
5. Defines policy of insurance as a homeowner's or renter's policy of insurance.
6. Defines provocation as tormenting, attacking or inciting a dog and includes the standard for
determining provocation by whether a reasonable person would have expected that the conduct
or circumstances would have provoked a dog.
7. Defines vicious as a dog that:
a) has a propensity to attack, cause injury to or otherwise endanger the safety of persons
without provocation; or
b) was found to have any of these traits after a hearing before a court of competent jurisdiction
or before a hearing officer.
8. Applies this legislation to new policies of insurance and renewed policies of insurance issued
beginning July 1, 2023.
9. Makes technical and conforming changes.
10. Becomes effective on the general effective date.
Amendments Adopted by the Committee of the Whole
1. Prohibits the breed of a dog from being considered in findings of facts or conclusions of law
entered by a court, administrative law judge, hearing officer, arbitrator or other legal
decision-maker regarding whether a dog is aggressive or vicious or has created liability for a
dog bite, rather than relating to homeowner's or renter's insurance.
2. Prohibits the breed of a dog from being the sole factor considered or used for outlined purposes
relating to homeowner's or renter's insurance policies involving dogs.
3. Redefines aggressive, breed, provocation and vicious.
4. Applies this legislation to new policies of insurance and renewed policies of insurance issued
beginning July 1, 2023.
5. Makes technical and conforming changes.
House Action Senate Action
COM 1/31/22 W/D APPROP 3/29/22 DP 8-2-0
GE 2/16/22 DP 10-3-0-0
3
rd
Read 3/17/22 42-16-2
Prepared by Senate Research
May 2, 2022
LMM/IJ/sr